OALJ Suspended Hearings/Deadlines in DBA and Longshore Claims

The Office of Administrative Law Judges suspended hearings and procedural deadlines due to the COVID-19 national emergency. The suspension takes effect on March 23, 2020. This suspension applies to both Longshore and Defense Base Act claims.

What does this mean?

The OALJ suspended until May 15, 2020. The OALJ will reassess this suspension on May 4, 2020, to determine whether the suspension will continue beyond May 15th.

The moratorium on hearings does not include cases that will be decided on the record.

Procedural deadlines currently pending are suspended until May 15, 2020. The assigned judge will address deadlines for cases scheduled for hearing between May 18 and June 12, 2020.

Telephonic mediations and settlement judge conferences may proceed with the consent of all parties.

Decisions in DBA and Longshore Act and claims will not be issued until at least April 15, 2020–maybe longer.

The last bullet point warrants a direct quote:

HOLD ON ISSUANCE OF ORDERS AND DECISIONS: COVID-19 control efforts have resulted in reduced staffing at agency locations, and consequently have limited our ability to serve orders and decisions. Moreover, COVID-19 has impacted the ability of many litigants to receive or comply with decisional orders in a timely fashion. Accordingly, OALJ will put a hold on issuance of decisions at least until April 15, 2020. . . . In addition, the presiding ALJ retains the discretion to issue decisions in those instances in which it is determined that withholding issuance of the decision will result in a significant health or safety risk or will cause substantial prejudice to a party.

I openly advocate maintaining a good, respectful working relationship with everyone involved in your case, from opposing counsel and insurance adjusters to your own doctors and experts. The end result of your litigation is to make sure that you recover all benefits to which you are entitled.